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HomeMy WebLinkAbout2006-12-20Approve Map, Plan and Report: RESOLUTION 06 -256 RESOLUTION APPROVING FINAL MAP, PLAN AND REPORT AND ADOPTING ORDER FOR PROPOSED DRAINAGE DISTRICT NUMBER 2 CONFIRMING DECEMBER 20, 2006 PUBLIC HEARING 285 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board having previously approved necessary elements of the Whispering Pines Phase V Subdivision and the Planning Board having issued an approval of the Final Plat, and having sealed the same; and WHEREAS, pursuant to the Town's Storm Water Local Law there is now a need to establish a drainage district for the storm water runoff and drainage within the said subdivision; and WHEREAS, pursuant to Resolution 06 -181 (August 16, 2006), the Town Engineer was authorized to prepare a map, plan and report ( "MPR ") for the proposed Drainage District Number 2, subject to a permissive referendum; and WHEREAS, no petition or request for a permissive referendum was filed or received, and the Town Engineer duly submitted a MPR that was examined and discussed by the Town Board; and WHEREAS, the creation of a drainage district was, and is again, deemed to be in the public interest; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing hereby finds that the MPR is complete and accurate, and has been prepared in accord with the NYS Town Law; and it is further RESOLVED, that the MPR be and hereby is deemed final, and the Town Clerk is directed to keep complete copies on file at the Town Clerk's Office for public review and examination; and it is further RESOLVED AND DETERMINED, that this Resolution shall be and be deemed an "Order" as used in Town Law § 209 -d, and in furtherance thereof, the Town Board of the Town of Lansing declares as follows: 1. The boundaries of the proposed district are hereby described as all those parcels of land as are described in deeds on file at the Tompkins County Clerk's Office for Town of Lansing Tax Parcel Numbers 40. -3 -2.11, 41.- 2 -4.21 41. -2 -41, 41. -2 -42, 41. -2 -43, 41. -2-44, 41. -2 -45, 41. -2 -467 41. -2477 41. -2-48, 41. -2 -491 and 41. -2 -51, all of which parcels are more particularly shown and described upon the Whispering Pines, Phase V, Subdivision Plat, a copy of which is on file at the Tompkins County Clerk's Office. 12 286 2. No improvements are proposed to be built by the Town or the District, as all improvements, including, but not limited to swales, retention ponds, ditches, and embankments have already been built by the Developer. The proposed Drainage District will maintain these facilities to manage and control sediment and storm water. Pursuant to the Developer's agreement, many of these facilities will be maintained by the Developer. 3. No amount of money is proposed to be expended for district improvements, nor are there any applicable hook -up fees. The district will be financed through benefited property assessments, and the maximum first year operation and maintenance costs to the typical property are estimated to be $111.67. 4. The Map, Plan and Report ( "MPR ") is deemed incorporate herein, and such MPR is available for public review and inspection at the Town of Lansing Clerk's Office. 5. Pursuant to Resolution 06 -220 (October 18, 2006), a public hearing to consider and discuss the formation of Drainage District Number 2 will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:10 o'clock P.M., whereat all persons interested in the subject thereof will be heard; and it is further RESOLVED, that a Public Hearing will be held at the Lansing Town Hall,. 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:10 o'clock P.M., to consider the creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution and to be published in the official newspaper of the Town of Lansing (and also to post a copy thereof on the Town signboard maintained by the Town Clerk) not more than 10 nor less than 20 days before the public hearing, in accord with law. SEQRA: Unclassified Sewer Meeting: The next meeting will be on November 29th. Mrs. Wilcox stated that she thinks a mailing should be done for the Open House on December 9th James Sullivan: Mr. Sullivan suggested that the web site for the Town be improved and that more information should be put on the Town's agenda's. Highway Superintendent's monthly report: Mr. French was absent, therefore Mr. Purcell gave the following report: Salt Storage Building: The foundation is complete and the trusses may be set at the end of the week. Mr. Purcell stated that Scott Weaver, Mark and Mike Moseley did a great job on this project. He also thanked Darby for getting the'grant and Dick Platt and Dave Herrick for their rolls in this project. Authorize Salt Storage Building Grant Application_ RESOLUTION 06 -257 13 RESOLUTION AUTHORIZING SALT STORAGE BUILDING GRANT APPLICATION 287 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing is constructing a Salt Storage Building; and WHEREAS, the Town desires to apply for an grant award under the New York State Shared Municipal Services Incentive Grant Program; and WHEREAS, this grant will assist the Town in defraying the costs of the Salt Storage facility; and WHEREAS, upon due deliberation and consideration of the foregoing and related issues, facts, matters, and concerns, the Town Board of the Town of Lansing has hereby RESOLVED, as follows: 1. Supervisor Stephen Farkas and /or Deputy Supervisor Francis Shattuck be and are hereby authorized to act for, in the name of, and on behalf of the Town of Lansing as to all matters relating to this grant and the application therefore, including the execution of such application; and 2. The title of the project is to be known as the "Town of Lansing Salt Storage Building"; and 3. The maximum amount of grant funds being applied for is $184,242.32; and 4. The Town of Lansing shall commit $20,360.26 towards the Project from general Town revenues and the Highway Fund balances; and 5. The Town Clerk be and hereby is authorized and directed to certify this Resolution and place the Seal of the Town of Lansing thereupon. Recreation Superintendent's Monthly Report: Mr. Colt presented the following report: Parks & Recreation Department 11/15/06 Town Board Meeting RECREATION • We are in the process of cleaning, reconditioning, organizing and packing away all of our youth football equipment. We are also planning to send out our football helmets to have them reconditioned, painted and recertified. • The Youth Gymnastics program has started and is completely full with 50+ participants. • Youth Basketball for students in grades 3 -6 has started. Gym space and gym time in Lansing is NOT GOOD. There are just a lot of activities taking place that require gym usage. We do the best that we can with the time and space we have, and we are fortunate to get what we do. 14 • • • Our Bowling program is full and this year we are using 2 busses to get our bowlers to and from the Bowl -O- Drome. We have over 60 kids participating and that doesn't count chaperones. • The SR SWIM fall session will end this Thursday. We are hoping to continue into December. This is a great program for our (older /experienced) participants. We usually run sessions that run from early fall until mid May. Again, we try and take whatever time is available when the pool is open. Usually it is twice per week around midday. • Once again this year, we have loaned many of our outdoor player benches to the Rink /Field for the winter season. It gets our equipment out of the winter weather and we gain trade off time at the Field or Rink for some of our programming. PARKS • We met with NYMIR's Tom Weisbeck, a loss control specialist, November 8th for our annual review of our parks, playgrounds and ballfields. This inspection is a safety /liability inspection. He was very impressed with our facilities and operations. He mentioned 2 small items to address that involve very simple modifications. • We have received 3 bids on our proposed project to continue to repair and renovate a length of retaining wall and docks in the small marina. Work could start in a couple of weeks in an effort to complete the project prior to the harsh weather to come. • We have removed several small, leaning and decayed trees down in Myers Park. • We got a GREAT DEAL on 4 oak trees each with a 4" — 5" caliper measurement. These trees have already been planted, staked and mulched. Perfect time of the year to plant and buy! These oaks were listed between $500 -$700 each and we got them for $100 each. Good timing. • Yesterday we purchased 5 new plantings for Ludlowville Park. We plan to plant them all this week. • Over seeding and some fertilization has been done. on our ballfield areas and in Myers Park. All of our lawn areas are ready for winter and will look great in the early spring. • The Myers Park maintenance shop project is scheduled to start on Thursday and should not take long to complete. • We have had a small meeting regarding the Salt Point Project and are currently working on the public information sign to be made and posted at the entrance to the Salt Point area. We hope to have the sign completed and installed by late winter or sooner. Open Public Hearing on Senior Citizen and People with Disabilities Exemptions: Resolution 06 -258 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Public Hearing regarding the Tax Exemptions is hereby opened at 7:32 P.M. Vote of Town Board .. . Vote of Town Board .. . Vote of Town Board .. . Vote of Town Board .. . Vote of Town Board ... (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor 15 Close Public Hearing: Resolution 06 — 259 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: 0 •. • RESOLVED, that all people desiring to be heard, having been heard, the Public Hearing was closed at 7:35 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson. Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approved Tax Exemptions: RESOLUTION 06 -260 RESOLUTION ADOPTING AMENDMENTS TO ORDINACE 50 (SENIOR CITIZENS TAX EXEMPTIONS) At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher aye; Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to a change in the senior citizen and disabled persons tax exemptions issued by the State of New York through amendments to Real Property Law § 467; and WHEREAS, Current Lansing Ordinance Number 50 provides for partial real property tax exemptions for certain persons of limited income who are 65 years of age or older or disabled, as specified and permitted by said Real Property Law §467, as amended; and WHEREAS, said Ordinance Number 50, in general terms: defines eligible parcels as those that are owned wholly by persons age 65 or older, or those owned by a husband and wife where one of them is over age 65, or those with disabilities; provides a schedule of exemptions based upon the combined income of the owners of real property; specifies that the exemption is available only to those persons and parcels who are eligible pursuant to all and each requirement, condition, exclusion and limitation of §467 of the Real Property Law of the State of New York; specifies the application for eligibility procedures; and specifies fines for providing false statements; and WHEREAS, the Town now desires to amend and update the exemptions to parallel changes in State laws concerning eligibility and exemption levels; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of November, 2006, at 7:00 o'clock P.M., to consider the aforesaid amendments to Ordinance 50, and all persons interested in the subject thereof were heard; and 16 290 WHEREAS, after review and discussion of each of the foregoing premises and the proposals set forth or referenced herein, the Town Board of the Town of Lansing has hereby RESOLVED, that Ordinance 50 be and hereby is thereof the exemption levels to current New York amended Real Property Law § 467, as follows: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS FROM TAXATION Up to $26,000.00 to $27,000.00 to $28,000.00 to $29,000.00 to $29,900.00 to $30,800.00 to $31,700.00 to $32,600.00 to $33,500.00 to and it is further amended to update Section 3 State levels as expressed in PERCENTAGE ASSESSED VALUATION EXEMPT $26,000.00 50% $26,999.00 45% $27.999.00 40% $28,999.00 35% $29,899.00 30% $30,799.00 25% $31,699.00 20% $32,599.00 15% $33,499.00 10% $34,399.00 5% RESOLVED, that the full text of the Amended Ordinance 50 read as follows: "TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK ORDINANCE NO. 50 Senior Citizens Real Property Partial Tax Exemption (repealing prior Ordinance No. 5) HISTORY: Ordinance of the Town of Lansing, County of Tompkins, and State of New York, providing for the adoption of a new Ordinance No. 50, and the repeal of Ordinance No. 5 (as adopted August 9, 1966, which ordinance was amended November 30, 1970, March 11, 1975, February 14, 1978, June 271 1979, September 9, 1980, July 30, 1982, March 13, 1984, February 11, 1987 August 15, 1990, January 30, 1991, December 8, 1993, October 12, 1994, December 21, 1994, December 31, 1996, December 16, 1998, January 17, 2001, October 16, 2002, and November 15, 2006), providing for a partial tax exemption of real property owned by certain persons with limited income who are disabled or of 65 years of age or over. 1. Repeal and Effective Date: The provisions of Ordinance No. 5 of the Town of Lansing, adopted August 9, 1966, as amended, is hereby repealed in its entirety, and a new Ordinance 50 is adopted and is effective immediately. 2. Authority and Purposes: This ordinance is enacted pursuant to Section 467 of the Real Property Tax Law of the State of New York, as amended by Chapter 756 of the laws of 1986. Pursuant to the provisions of Section 467 of the Real Property Tax Law of the State of New York, real property located in the Town of Lansing, County of Tompkins, owned by one or more persons, each of whom is 65 years of age or over, or real property owned by husband and wife, one of whom is 65 years of age or over, or persons with disabilities, shall be partially exempt from taxation by said Town for the applicable taxes specified in Section 467 based upon the income of the owner or the combined income of the owners. 17 3. Exemption Tables and Qualifications: Such partial exemption shall be to the extent set forth in the schedule following: ANNUAL INCOME OF OWNER OR COMBINED ANNUAL INCOME OF OWNERS FROM TAXATION Up to $26,000.00 $27,000.00 $28,000.00 $29,000.00 $29,900.00 $30,800.00 $31,700.00 $32,600.00 $33,500.00 to to to to to to to to to $26,000.00 $26,999.00 $27.999.00 $28,999.00 $29,899.00 $30,799.00 $31,699.00 $32,599.00 $33,499.00 $34,399.00 PERCENTAGE ASSESSED VALUATION EXEMPT 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% The partial exemption provided by this Ordinance shall, however, be limited to such property and persons as meet the conditions, qualifications, exclusions, and limitations set forth in Section 467 of the Real Property Tax Law of the State of New York. This Local Law shall be administered in accordance with said sections of the Real Property Tax Law, as now adopted, and as may be amended from time to time, and the provisions of said sections as provided in Section 467 shall be applicable to the effectuation of the exemption provided for in this Ordinance. 4. Application Procedures: Application for such exemption must by made by the owner or all of the owners of the property on forms prescribed by the State Board and to be furnished by the Tompkins County Assessment Department. All of said owners shall furnish the required information and execute the forms in the manner required by or prescribed in such forms. Such completed form(s) shall be filed in the Assessment Department Office on or before the appropriate taxable status date. 5. False Statements and Penalties: Any conviction for having made any willful false statement on or in the application for such exemption shall be punishable by a fine of not more than $100.00 and shall disqualify the applicant or applicants from further exemptions for a period of five years. 6. Effective Tax Years: This ordinance shall, in accordance with the provisions of Section 2 of Chapter 756 of the laws of 1986, be applicable to the town tax for the year 2004, and for future tax years until this Ordinance is amended or rescinded, and the provisions of said law shall govern the granting of an exemption under Section 467, notwithstanding any contrary provisions of this Ordinance."; and it is further RESOLVED, that the Town Clerk publish and file this Ordinance as required by law. SEQRA: Type II Open Public Hearing on Dog License Fees: Resolution 06 — 261 Mo 291 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Besemer: RESOLVED, that the Public Hearing on the Dog License fees is hereby opened at 7:37 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board . (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Resolution 06 -262 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the public hearing was closed at 7:38 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Approve Local Law No. 5 of the Year 2006. RESOLUTION 06 -263 RESOLUTION ADOPTING LOCAL LAW NUMBER 5 OF 2006 (DOG LICENSE FEES) At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, due to increased costs and expenses for processing licensing information and reports for dogs, the Town desires to update its dog licensing fee schedule to make it equivalent with other upstate communities; and WHEREAS, the fee has not increased since Local Law Number 2 of 1995 amended the fee structure established by Local Law Number 2 of 1979; and WHEREAS, Local Law Number 5 of 2006 is proposed to increase the fee structure for the licensing of dogs to $10.00 for spayed and neutered dogs and $20.00 for all other dogs; and RESOLVED, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 15th day of November, 2006; at 7:05 o'clock P.M., to consider the repeal of Local Law Number 2 of 1995 and Local Law Number 2 of 1979, and the adoption of Local Law #5 of 2006 to establish Dog License Fees in the Town of Lansing, and all persons interested in the subject matter hereof were duly heard; and 19 WHEREAS, after review and discussion of such proposals, the Town Board of the Town of Lansing has hereby RESOLVED, that Local Law Number 2 of 1995 and Local Law Number 2 of 1979 be and hereby are repealed effective upon the date of adoption and filing of Local Law #5 of 2006; and it is further RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 5 of 2006, to be effective January 1, 2007, as set forth in its entirety below: "DOG LICENSE FEES LOCAL LAW NUMBER 5 OF 2006 Town of Lansing, County of Tompkins, State of New York The Town Board of the Town of Lansing, pursuant to a Resolution dated November 15, 2006 (Resolution Number 06 -263), does establish a Local Law, as follows: Section 1. Authority This Local Law is adopted pursuant to the authority granted the Town in Section 110 of the Agriculture and Markets Law, by the Municipal Home Rule Law, and in Section 130 of Town Law, and related provisions of law and the regulations arising there under. Section 2. Title This Local Law shall be known as the Town of Lansing Dog License Fees Local Law, Local Law Number 5 of 2006. Section 3. Prior Existing Local Laws This Local Law shall replace and supersede all prior existing Town Laws and Ordinances relating to dog license fees. Section 4. Fees & Annual License The following fees apply to the obtaining of annual dog licenses for the following dogs: Spayed and Neutered Dogs: $10.00 Non - spayed and Un- neutered dogs: $20.00 Every dog owned or harbored within the Town of Lansing (excluding the Village of Lansing) must be licensed annually, and must at all times, whether confined or at large, possess a current and valid dog license. Section 5. Severability If any clause, sentence, paragraph, section or article of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or article thereof directly involved in the controversy in which such judgment shall have been rendered. Section 6. Effective Date This Local Law shall be and become effective as of January 1, 2007." SEQRA: Type II Highway Department's Monthly report (continued): Fire Stations: 20 293 294 Mr. Purcell stated that they had helped out the Fire Halls especially North Lansing on their parking lot. Hydro seeder: Mr. Purcell has been looking into prices for a hydro seeder. If there is enough money, this could be purchased in 2006. The average price is around $7,000.00. Teamsters Union. Mr. Purcell thanked Mr. Farkas and Mr. Krogh for all of their help in coming up with an agreement between the Highway Department and the Teamsters Union. Approve Contract with Teamsters Union. Mrs. Wilcox recused herself and the following resolution was offered: RESOLUTION 06 -264 RESOLUTION APPROVING AND ADOPTING TEAMSTERS LOCAL 317 COLLECTIVE BARGAINING AGREEMENT At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and due to a conflict of interest, Connie Wilcox, Councilperson recused herself and left the discussion table until the discussion and vote hereupon was duly completed; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Martin Christopher — aye; Matthew Besemer — aye; and the following Resolution therefore passed 4 -0, and was duly adopted: WHEREAS, on March 8, 2006, Teamsters Local 317 (the "Union ") advised the Town that it was commencing organizational proceedings relative to the Town Highway Department; and WHEREAS, thereafter, and at the invitation of the Town, the Union met with Town personnel to discuss unionization and the benefits of formal organization; and WHEREAS, there are time limits set forth in the implementing Regulations of the NYS Public Employees Fair Employment Act (Civil Service Law Section 200, et seq.); and WHEREAS, by Resolution dated May 17, 2006 (Resolution Number 06 -145) the Town determined that it is in the best interests of the Town, and the goodwill of its Highway Department employees, to recognize their desire to unionize, as opposed to forcing the petition and election process in the face of overwhelming support for formal organization, and accordingly the Town formally recognized the Teamsters as the official Negotiation Representative of the bargaining unit, and notices thereof were duly delivered and published as required by § 201.6 of the said NYS Public Employees Fair Employment Act (Civil Service Law Section 200, et seq.), and the Regulations promulgated there under; and WHEREAS, the Town Board thereafter negotiated with the Negotiation Representative and the Bargaining Unit as to the rights, obligations, terms and conditions of a proposed Collective Bargaining Agreement ( "CBA "); and WHEREAS, the Negotiation Representative, the Bargaining Unit, and the Town have come to final agreement as to the CBA; and 21 WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has RESOLVED, that the CBA be and hereby is approved and adopted, and the Town Supervisor and /or Deputy Town Supervisor be and hereby are authorized to execute the CBA by, for, and in the name of the Town of Lansing, and they be and hereby are further authorized to take such further steps and make such further filings as may be necessary or desirable to formalize and officially adopt such CBA. SEQRA: Type II Approved Drug and Alcohol Membership: RESOLUTION 06 -265 RESOLUTION AUTHORIZING RENEWED MEMBERSHIP IN THE TOMPKINS COUNTY DRUG AND ALCOHOL CONSORTIUM At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 15th day of November, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Matthew Besemer; and the vote was as follows: Stephen Farkas — aye; Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer — aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town of Lansing has been a member of the Tompkins County Drug and Alcohol Consortium (the "Consortium "), along with almost all municipalities in the County; and WHEREAS, the Consortium performs vital public services at a reduced expense by creating a system of compliance with state and federal laws and regulations concerning drug and alcohol testing, including, but not limited to, 49 C.F.R. Parts 40 and 382 and the Omnibus Transportation Employee Testing Act of 1991; and WHEREAS, the Consortium provides other beneficial and mandated services, including substance abuse monitoring, motor carrier and operator safety training, accident reporting, post accident testing, and other vital and required services; and WHEREAS, the Consortium has issued a renewal contract for participating municipalities that has been updated to comply with FMCSA, New York State requirements, and the rules, statutes, regulations and orders of other governing agencies and bodies; and WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town of Lansing hereby opts to continue as a member of the Consortium for 2007, and accordingly, the Supervisor and /or Deputy Supervisor be and hereby are authorized to execute the 2007 Consortium Agreement by, for, and in the name of the Town of Lansing; and it is further RESOLVED, that the Supervisor, Deputy Supervisor, and Town Highway Superintendent be and hereby are authorized to implement the requirements of the Consortium Agreement, including as applicable to all Town employees that 22 295 296 possess commercial drivers licenses, and including the signing of any documents or payment of any fees as may be deemed necessary or desirable to give effect to and carry out this Resolution. SEQRA: Type II Audit Resolution: Resolution 06 -266 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Shattuck: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills: AUDITED VOUCHERS: 1140-1255 PREPAY VOUCHERS: 1140-1145 General Fund Highway Fund Lansing Lighting Lansing Water Districts Cherry Road Sewer Trust and Agency Vote of Town Board. Vote of Town Board . Vote of Town Board. Vote of Town Board. Vote of Town Board . L APPROPRITATION 127,382.01 80,658.02 123.38 3,446.92 57,557.75 36,644.23 (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Code Enforcement Officer's Monthly Report: Monthly Report: Mr. Platt stated that they were down by 2 permits and down in project costs by $ 1, 590, 250.00. Mark McKane property on Ridge Road: Mr. McKane has cleaned up his property. Mrs. Wilcox stated that he set the pile on fire and there is no open burning in Tompkins County but it was also stated that there is no enforcement process. Mr. Shattuck feels they are using the first couple of years as an educating process. Clean up process: Lynn is doing a good job getting the properties cleaned up and Mr. Ferris is also doing a good job. Pods: Mr. Shattuck asked Mr. Platt to look into Pod's, storage units, etc. Hurf Sheldon: Mr. Sheldon wanted the Board to know how much he appreciated the clean -up job that Ed Leonard did the morning after the election. He stated that when he left the Board Room at 11:00 p.m., it was a mess and when he came 23 back in the morning 7:00 a.m. it was immaculate. Connie will put together a recognition certificate for Mr. Leonard. Town Board Member Reports. Matt Besemer: Planning Board: Chairman of the Planning Board has gone ahead and had the new Zoning Ordinance reorganized and the charts have been removed. It has been forward on to the County with a list of issues. Drake Road Water. Mr. Besemer stated that he did not think there would be enough support to move forward with the water if there is not another public meeting as there seems to be a lot of confusion. Mr. Farkas stated that Mrs. Krom is going to personally contact all parties and ask them to come to a meeting that she will hold in the Community Center to clarify some of the issues that are popping up. There have been a lot of false statements being made. Marty Christopher. Library: Had a meeting last night but Mr. Christopher did not attend. At the meeting before that, they were 63% finished with the construction. Borg Warner has donated $ 10,000.00. Next year members will be as follows: Marlene Darfler Cal Warren Cathy Miller Ellen Palladino Mrs. Wilcox: Woodsedge: Chairman Vice Chairman Treasurer Secretary This summer Woodsedge will celebrate 25 years of existence. They are going to plan some type of celebration. She asked the Board to think about making a contribution to them at a later date. Emergency Plan: Woodsedge now has an emergency plan in place. They have had one drill and a stay in place drill is scheduled for November 19th LOAP: There has been some confusion about the use of the LOAP van. Floyd Wilson is now the dispatcher. They have come up with a set of policies and procedures. A four (4) hour trip will be the longest one that can be taken from now on. The van will also stay within Tompkins County except when a special outing is scheduled. After the new policies and procedures are typed up, Marilyn Paradise will give the Board a copy for their input. Bolton Point: 24 297 298 They will soon be looking for a financial person. The salary will be decent. They had a part-time receptionist who quit after two weeks on the job. They have now hired another one. Bud Shattuck: Fire District: Bud asked Connie if the Fire Departments were struggling as far a membership. Connie said at this time, they have a good base. She stated that they are looking for someone to run for Dennis Griffin's place as he is not running again. Mrs. Wilcox stated that the State of New York requires so much training now that it makes it very hard for people to dedicate this large amount of time to it. Planning Board: The Planning Board was asked to send members to the sewer meetings. Regulation of Docks: Guy will look into this and it will be discussed at later date. Mr. Shattuck asked Darby to address the Board for an update on the I.O. committee. She stated the following: There will be no funding as of January 1St for here position and she will become a full time employee of the Town of Lansing. They are trying to change direction in the way meetings are run. They will now meet quarterly. The water shed network has been asked to provide some services which are still being discussed at this time. The financial pot of money the I.O. does have has always moved with the chairman but it will be coming to the Town of Lansing and Darby and Charmagne will take care of it. Steve Farkas: Conquest Sizemeck Services. Mr. Farkas has been contacted by Conquest Sizemeck Services asking permission to put some of their testing tools on the old gravel bank which is owned by the Town. Mr. Krogh stated that a big pot of natural gas has been found in Southern Cayuga County. Mr. Farkas stated that this was strictly for testing only. The Town. Board agreed with Steve to allow them to put their equipment in the old gravel pit. He stated that they will contact Mr. Purcell for a key. Resolution 06 -267 RESOLUTION, offered by Mr. Besemer and seconded by Mrs. Wilcox: RESOLVED, that the Regular Meeting be adjourned to go into Executive Session to discuss possible litigation at 8:28 p.m. Vote of Town Board. . , (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Resolution 06 -268 49 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 8:53 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board. Vote of Town Board. Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Resolution 06 =269 RESOLUTION, offered by Mr. Besemer and seconded by Mr. Christopher: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 8:54 p.m. Vote of Town Board . . Vote of Town Board . . Vote of Town Board . . Vote of Town Board. . Vote of Town Board . . • (Aye) Matt Besemer, Councilperson • (Aye) Marty Christopher, Councilperson • (Aye) Bud Shattuck, Councilperson • (Aye) Connie Wilcox, Councilperson • (Aye) Stephen Farkas, Supervisor Minutes taken and executed by the Town Clerk. 26 rp 0 0 rArPW Regular Town Board Meeting DATE: December 20, 2006 TIME: 6:00 p.m. PLACE. Lansing Town Hall Board Room AGENDA 1. Call Meeting to Order. 2. Roll Call 3. Pledge of Allegiance 4. Public Hearing: 6:05 - SEQR: Drainage District NO.2 5. Public Hearing: 6:10 - Proposed Drainage District No. 2 6. Public Hearing: 6:15 - Local Law No. 6 - Code Enforcement 7. Public Hearing: 6:19 - SEQR - Lake Forest Subdivision 8. Public Hearing: 6:20 - Water Extension to Lake Forest 9. Privilege of the Floor: a. Anyone wishing to approach the Board 10. Engineer's Report 11. Parks and Recreation Report 12. Highway Superintendent's Report 13. Code Officer's Report 14. Town Council Report 15. Approve Audit 16. Approve Minutes of November 8th and 15th, 2006 17. Any other business that may come before the Board 18. Board Member Reports 19. Executive Session if needed 20. Adjourn meeting 27 30 3001 December 20, 2006 The Lansing Town Board met in Regular Session at the Lansing Town Hall Board Room at 6:00 p.m. with Supervisor Farkas presiding. Call, The Supervisor called the meeting to order and had the clerk take the Roll Stephen Farkas Matt Besemer Marty Christopher Bud Shattuck Connie Wilcox Bonny Boles Guy Krogh ROLL CALL Supervisor Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Councilperson Present Town Attorney Present Visitors: Dave Herrick, Jack French, Dick Platt, Louis and Carol Fabi, Matt Cogan, Nate Snyder, Martha Jahn, Scott Morgan, Scott Pinney, Floyd Davis, Will Hicks, Janet Bruno, Katie Bruno, Margaret Christopher, Aleenette Diamond, Tony Hall, Dan Veaner, Greg Bush and Steve Colt. The Supervisor led all present in the Pledge of Allegiance. OPEN PUBLIC HEARING FOR SEAR- DRAINAGE DISTRICT NO. 2: RESOLUTON 06 =270 RESOLUTION, offered by Connie Wilcox and seconded by Marty Christopher: RESOLVED, that the Public Hearing on the SEQR for Drainage District No. 2 is hereby opened at 6:05 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor CLOSE PUBLIC HEARING: RESOLUTION 06 — 271 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be hear, having been heard, the Public Hearing is hereby closed at 6:09 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor 1 APPROVE SEAR FOR DRAINAGE DISTRICT NO, 2 RESOLUTION 06 -272 Resolution Declaring Negative Declaration re Drainage District #2 (Whispering Pines V) 3®3 a At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Lansing Town Board having previously determined that a drainage district was needed for the Whispering Pines Subdivision, Phase V and had previously authorized the preparation of a map, plan and report ( "MPR ") by Resolution 06 -111 (April 19, 2006); and WHEREAS, the Town's Stormwater Local Law requires the Town to plan for the future maintenance of drainage and stormwater facilities; and WHEREAS, the Right of Way and Easement granted by the developer specifically provides for re- dedication to any future Drainage District formed by the Town; and WHEREAS, the Town desires to examine the environmental impacts of such proposed district, and by Resolution dated October 18, 2006 (06 -215), the Town resolved and determined that this was an unclassified SEQRA action, that the Town Board of the Town of Lansing proposed to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable, that there were no Involved Agencies, and that the Interested Agencies were determined to be the Town of Lansing Planning Board and the NYS Comptroller's Office; and WHEREAS, no Involved or Interested Agency objected to the Town Board being the Lead Agency for SEQRA review, and the period for comments or objections to the Town proceeding having expired with no objections having been made or filed; and WHEREAS, a public hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:05 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed creation of Drainage District #2, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board having conducted a SEQRA review and having completed a LEAF, and the Town Board having reviewed the proposal in light of the Town's zoning and building policies and the Town's existing Comprehensive Plan, and desired changes and amendments thereto; and WHEREAS, the areas of environmental concern identified include, but are not limited to, (1) the impact upon Agriculture Districts, (2) any effects upon Cayuga Lake, its watershed and tributaries, (4) the effects upon neighboring properties when and if the facilities are updated or maintained, especially the noise from the 2 r" .6 i use of heavy machinery, if required, and (5) the impacts, if any, to downstream properties arising from coordinated stormwater controls; and WHEREAS, the Lead Agency considered such impacts and the mitigation thereof, including, but not limited to (1) the positive effect that well maintained stormwater facilities will have upon downstream areas and Cayuga Lake from the district, (2) the reclamation and restoration of soils and protection of Cayuga Lake through the stormwater controls, (3) the mitigation of traffic and noise from and by permitting requirements, the limiting of construction hours, and the fact that any construction or use of machinery would be intermittent, of short duration and would only occur once every 2 to 5 years, on average; and WHEREAS, the Lead Agency determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non- significant; and WHEREAS, upon the evidence given at such public hearing, and after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact: accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York, and all Regulations promulgated thereunder, and that the project complies with the requirements of the New York SEQR Act, and the Regulations promulgated thereunder, and the Town Board, as Lead Agency, hereby makes a negative declaration of environmental impact; and it is further RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 1. The Town Clerk of the Town of Lansing. 2, The Town Supervisor of the Town of Lansing. 3. All Involved and Interested Agencies. 4. Any person requesting a copy; and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. OPEN PUBLIC HEARING ON PROPOSED DRAINAGE DISTRICT RESOLUTION NO. 06 -273 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for Proposed Drainage District No. 2 is hereby opened at 6:10 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board. (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Lou and Carol Fabi stated that on bad days, the drainage does not work and that something needs to be done. He felt the pond that was put in does not 3 retain anything. Area residents had presented the Planning Board with pictures and their concerns two years ago and nothing has been done. The Board did not feel comfortable approving the proposed Drainage District until they were satisfied that it would work, therefore the Public Hearing was left opened until the January 17, 2007 meeting at 6:05 p.m. At this time, the problem will be discussed again. The Board told Mr. and Mrs. Fabi to have their concerned neighbors attend the next meeting. This will also give Mr. Thaler's Engineer time to make modifications to the pond and /or discuss the problems with the Board and the concerned neighbors. EXTEND PUBLIC HEARING, RESOLUTION 06 =274 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing is hereby held open until January 17, 2007 at 6:06 p.m. Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board Vote of Town Board JBLIC HEAT (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye), Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor LOCAL LAS OR THE YE RESOLUTION NO. 06 — 275 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing on Proposed Local Law No. 6 for the Year 2006 is hereby opened at 6:34 p.m. Vote of Town Board. Vote of Town Board . Vote of Town Board. Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Mr. Krogh went over the proposed Local Law with all present. CLOSE PUBLIC HEARING. RESOLUTION NO. 06 — 276 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing on Proposed Local Law No. 6 for the Year 2006 is hereby closed at 6:35 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson 2 2305 I Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE LOCAL LAW NO. 6 FOR THE YEAR 2006: RESOLUTION 06 -277 Resolution Approving and Adopting Local Law #6 of 2006 re Code Enforcement At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, New York State (and /or its authorized departments and agencies) have adopted 19 NYCRR Part 1203, which requires that all municipalities have in place, by January 1, 2007, a Local Law or Ordinance establishing minimum standards for the administration and enforcement of the NYS Building Codes; and WHEREAS, the Town has been examining proposals and issues relating to such a local Law, including conversations and discussions with the NYS Department of State, Office of Code Enforcement and Administration; and WHEREAS, the Town proposes to adopt a Local Law that will, among other things, (1) define the terms "Building Permit ", "Certificate of Occupancy ", "Certificate of Compliance ", "Code Enforcement Officer ", "Code Enforcement Personnel", "Compliance Order ", "Energy Code ", "Inspector ", "Operating Permit ", "Permit Holder ", "Person ", "Stop Work Order ", "Temporary Certificate ", "Town ", and "Uniform Code ", among others, (2) grant powers to the Code Enforcement Officer(s) to administer and enforce all the provisions of the Uniform Code, the Energy Code and this local law, to receive, review, and approve or disapprove applications, plans, specifications and construction documents, to Building Permits, Certificates, Temporary Certificates and Operating Permits, and to include such terms and conditions in relation thereto as the Code Enforcement Officer may determine to be appropriate, to conduct construction inspections, to issue Stop Work Orders, to review and investigate complaints, to issue orders, to maintain records, to collect fees, to pursue administrative enforcement actions and proceedings, (3) requirements for Code Enforcement Officers; (4) rules pertaining to the requirement for and issuance of Building Permits; (5) descriptions for applications for a Building Permit and information includable in any such application; (6) specifications for construction drawings and documents; (7) requirements that work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit; (8) time limits upon and fees for Building Permits; (9) rules for revoking or suspending Building Permits; (10) rules for construction inspections; (11) specifications as to when a Code Enforcement Officer may issue stop work orders, and the requirements of a stop work order; (12) rules for the issuance and cancellation of Certificates of Occupancy and Compliance; (13) rules for notices relating to fires, explosions, and unsafe buildings and structures; (14) rules governing operating permits for certain operations, including the manufacturing, storing or handling hazardous materials 5 abi in certain quantities, hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling, the use of pyrotechnic devices in assembly occupancies, buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and buildings whose use or occupancy classification may pose a substantial potential hazard to public safety; (15) specification as to contents of and rules for issuance of Operating Permits; (16) rules of fire safety and property safety inspections; (17) complaint investigation procedures and powers, including inspections, ticketing, issuing orders, etc., (18) record keeping requirements and a specification of the types of records that should be generated and kept; (19) requirements relating to the periodic review and reporting upon the procedures used in code compliance, including this Local Law; (20) rules for the issuance of compliance orders and violation proceedings, and the specification of civil and penal penalties; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:15 o'clock P.M., to consider the Adoption of Local Law Number 6 of 2006, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, in consideration of the comments and concerns reviewed, and upon due deliberation upon such local law and the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 6 of 2006, to be effective January 1, 2007, as set forth in its entirety below: "LOCAL LAW NUMBER 6 OF 2006 A LOCAL LAW PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING CODE History — This Local Law hereby supersedes all and any prior rules, regulations, Ordinances and Local Laws of the Town of Lansing pertaining to the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Code, but does not supersede any rules, regulations, Ordinances and Local Laws of the Town of Lansing pertaining to zoning or subdivisions, or any of the same pertaining to the conduct of affairs and internal operations of the Town of Lansing, including, but not limited to the Code Enforcement Office and the Building and Electrical Inspectors, and related rules, regulations, ordinances and local laws thereof or pertaining thereto. The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated December 20, 2006 does hereby pass a Local Law as follows: ARTICLE 1. TITLE, AUTHORITY & PURPOSE. This Local Law shall be known as the Code Administration and Enforcement Local Law, Local Law Number 6 of 2006. This Local Law provides for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code (the "Uniform Code ") and the State Energy Conservation Construction Code (the "Energy Code ") in the Town of Lansing (but not for any portion of the Town of Lansing located within the Village of Lansing). This Local Law is adopted pursuant to § 130 of the Town Law, § 10 of the Municipal Home Rule Law, and 19 NYCRR Part 1203, and its enabling legislation. Except as otherwise provided in the Uniform Code or the Energy Code, other state law, or other section or provision of this Local Law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions this Local Law. It is on IN declared to be the policy of the Town of Lansing to consider energy, fire and building codes as necessary for the orderly, efficient and economical development in and of the Town of Lansing. The purpose of the rules, regulations, and standards contained in this Local Law are (1) to promote the safe, sanitary, and efficient construction of structures within the Town of Lansing; (2) to regulate development and construction of buildings, structures, and premises in a manner that will result in safe and orderly growth and development; and (3) to establish minimum standards and requirements by which buildings, structures, and premises are, inter alia, built, maintained, renovated, repaired, and constructed. Pursuant to the New York State Town Law, and. other provisions in the statutes and regulations of the State of New York, the Town of Lansing hereby empowers designated Town of Lansing officials to act pursuant to this Local Law. ARTICLE 2 CONSTRUCTION & DEFINITIONS: Sec. 201 Should any provision, clause, requirement, or term of this Local Law conflict with or be inconsistent with any provision of the New York State Town Law or the NYCRR pertaining to the subject matter hereof, mainly including 19 NYCRR Part 1203, this Local Law shall apply and shall be deemed to supersede the New York State Town Law and the NYCRR pursuant to the powers granted to the Town of Lansing by the New York State Constitution, Article IX, and the Municipal Home Rule Law, § 10. Sec. 202 In this Local Law, the following terms shall have the following definitions: "Town Board" shall mean the Town Board of the Town of Lansing. "Building Permit" shall mean a permit issued pursuant to Article 4 of this Local Law. The term "Building Permit" shall also include a Building Permit which is renewed, amended, or extended pursuant to any provision of this Local Law. "Certificate of Occupancy" and /or "Certificate of Compliance" shall mean a certificate issued pursuant to Article 7 of this Local Law. "Code Enforcement Officer" shall mean the Code Enforcement Officer of the Town of Lansing. "Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors, including, but not limited to Building Inspectors and Electrical Inspectors. "Compliance Order" shall mean an order issued by the Code Enforcement Officer pursuant to Article 15 of this Local Law. "Energy Code" shall mean the State Energy Conservation Construction Code, as currently in effect and as hereafter amended from time to time. "Inspector" shall mean an inspector appointed pursuant to, or identified in, Article 4 of this Local Law. "Operating Permit" shall mean a permit issued pursuant to Article 10 of this Local Law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended, or extended pursuant to any provision of this Local Law. "Permit Holder" shall mean the Person to whom a Building Permit has been issued. 7 SO? "Person" shall include an individual, corporation, limited liability company, partnership, limited partnership, business, trust, estate, trust, association, or any other legal or commercial entity of any kind or description. "Stop Work Order" shall mean an order issued pursuant to Article 6 of this Local Law. "Temporary Certificate" shall mean a certificate issued pursuant to Article 7 of this Local Law. "Town" shall mean the Town of Lansing. "Uniform Code" shall mean the New York State Uniform Fire Prevention and Building Code, as currently in effect and as hereafter amended from time to time. ARTICLE 3. CODE ENFORCEMENT OFFICER AND INSPECTORS: Sec. 301 The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code and this Local Law. The Code Enforcement Officer shall have the following powers and duties: (1) to receive, review, and approve or disapprove applications for Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, and Operating Permits, and the plans, specifications and construction documents submitted with such applications; (2) upon approval of such applications, to issue Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, and Operating Permits, and to include in Building Permits, Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, and Operating Permits such terms and conditions as the Code Enforcement Officer may determine to be appropriate; (3) to conduct construction inspections, inspections to be made prior to the issuance of Certificates of Occupancy, Certificates of Compliance, Temporary Certificates, and Operating Permits, fire safety and property maintenance inspections, inspections incidental to the investigation of complaints, and all other inspections required or permitted under any provision of this Local Law; (4) to issue Stop Work Orders; (5) to review and investigate complaints; (6) to issue orders pursuant to Article 15 (Violations) of this Local Law; (7) to maintain records; (8) to collect fees as set by the Town Board; (9) to pursue administrative enforcement actions and proceedings; (10) in consultation with the Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code, and this Local Law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this Local Law; and 310 (11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this Local Law. Sec. 302 The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in- service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this Local Law, Sec.303 One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this Local Law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in- service training, advanced in- service training and other training as the State of New York shall require for code enforcement personnel, and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder. Sec. 304 The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board. ARTICLE 4. BUILDING PERMITS: Sec. 401 Except as otherwise provided in Subdivision (b) of this Article, a Building Permit shall be required for any work which must conform to the Uniform Code and /or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney, or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer. Sec. 402 No Building Permit shall be required for work in any of the following categories: (1) construction or installation of one story detached structures associated with one- or two- family dwellings or multiple single - family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 100 square feet; (2) installation of swings and other playground equipment associated with a one- or two- family dwelling or multiple single - family dwellings (townhouses); (3) installation of swimming pools associated with a one- or two - family dwelling or multiple single - family dwellings (townhouses) where such pools are designed for a water depth of less than 24 inches and are installed entirely above ground; 9 1 311 (4) installation of fences which are not part of an enclosure surrounding a swimming pool; (5) construction of retaining walls unless such walls support a surcharge or impound Class I, II or IIIA liquids; (6) construction of temporary motion picture, television, and theater stage sets and scenery; (7) installation of window awnings supported by an exterior wall of a one- or two- family dwelling or multiple single - family dwellings (townhouses); (8) installation of partitions or movable cases less than 5'-9" in height; (9) painting, wallpapering, tiling, carpeting, or other similar finish work; (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances; (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or (12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any period of time. Sec.403 The exemption from the requirement to obtain a building permit for work in any category set forth in Sec. 402 shall not be deemed an authorization for work to be performed in violation of the Uniform Code or the Energy Code, Sec. 404 Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed, or by an authorized agent of the owner. The application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation: (1) a description of the proposed work; (2) the tax map number and the street address of the premises where the work is to be performed; (3) the occupancy classification of any affected building or structure; (4) where applicable, a statement of special inspections prepared in accordance with the provisions of the Uniform Code; and 10 (5) at least 2 sets of construction documents (drawings and /or specifications) which (i) define the scope of the proposed work; (ii) are prepared by a New York State registered architect or licensed professional engineer where so required by the Education Law; (iii) indicate with sufficient clarity and detail the nature and extent of the work proposed; (iv) substantiate that the proposed work will comply with the Uniform Code and the Energy Code; and (v) where applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of any existing or proposed well or septic system, the location of the intended work, and the distances between the buildings and structures and the lot lines. Sec. 405 Construction documents will not be accepted as part of an application for a Building Permit unless they satisfy the requirements set forth in Sec. 404. Construction documents which are accepted as part of the application for a Building Permit shall be marked as accepted by the Code Enforcement Officer in writing or by stamp. One set of the accepted construction documents shall be retained by the Code Enforcement Officer, and one set of the accepted construction documents shall be returned to the applicant to be kept at the work site so as to be available for use by the Code Enforcement Personnel. However, the return of a set of accepted construction documents to the applicant shall not be construed as authorization to commence work, nor as an indication that a Building Permit will be issued. Work shall not be commenced until and unless a Building Permit is issued. Sec. 406 An application for ascertain whether the proposed requirements of the Uniform Enforcement Officer shall issue in compliance with the applicab Energy Code. a Building Permit shall be examined to work is in compliance with the applicable Code and Energy Code. The Code a Building Permit if the proposed work is le requirements of the Uniform Code and Sec. 407 Building permits shall be visibly displayed at the work site and shall remain visible until the authorized work has been completed. Sec. 408 All work shall be performed in accordance with the construction documents which were submitted with and accepted as part of the application for the Building Permit. The Building Permit shall contain such a directive. The Permit Holder shall immediately notify the Code Enforcement Officer of any change occurring during the course of the work. The Building Permit shall contain such a directive. If the Code Enforcement Officer determines that such change warrants a new or amended Building Permit, such change shall not be made until and unless a new or amended Building Permit reflecting such change is issued. Sec. 409 Building Permits shall become invalid unless the authorized work is commenced within 6 months following the date of issuance. Building Permits shall expire 12 months after the date of issuance. A Building Permit which has become invalid or which has expired pursuant to this Section may be renewed upon application by the Permit Holder, payment of the applicable fee, and approval of the application by the Code Enforcement Officer. Sec. 410 If the Code Enforcement Officer determines that a Building Permit was issued in error because of incorrect, inaccurate, or incomplete information, or that the work for which a Building Permit was issued violates the Uniform Code or the Energy Code, the Code Enforcement Officer shall revoke the Building Permit or suspend the Building Permit until such time as the Permit Holder demonstrates that (1) all work then 11 completed is in compliance with all applicable provisions of the Uniform Code and the Energy Code and (2) all work then proposed to be performed shall be in compliance with all applicable provisions of the Uniform Code and the Energy Code, Sec. 411 The fee specified in or determined in accordance with the provisions set forth in Article 16 (Fees) of this Local Law must be paid at the time of submission of an application for a Building Permit, for an amended Building Permit, or for renewal of a Building Permit, ARTICLE 5. CONSTRUCTION INSPECTIONS: Sec. 501 Work shall remain accessible and exposed until inspected and accepted by the Code Enforcement Officer or by an Inspector authorized by the Code Enforcement Officer, The Permit Holder shall notify the Code Enforcement Officer when any element of work described in Sec. 502 is ready for inspection. Sec. 502 The following elements of the construction process shall be inspected, where applicable: (1) work site prior to the issuance of a Building Permit; (2) footing and foundation; (3) preparation for concrete slab; (4) framing; (5) building systems, including underground and rough -in; (6) fire resistant construction; (7) fire resistant penetrations; (8) solid fuel burning heating appliances, chimneys, flues or gas vents; (9) Energy Code compliance; and (10) a final inspection after all work authorized by the Building Permit has been completed. Sec. 503 After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the Permit Holder shall be notified as to where the work fails to comply with the Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, re- inspected, and found satisfactory as completed. Sec. 504 The fee specified in or determined in accordance with the provisions set forth in Article 16 (Fees) of this Local Law must be paid prior to or at the time of each inspection performed pursuant to this Article. ARTICLE 6. STOP WORK ORDERS: Sec. 601 The Code Enforcement Officer is authorized to issue Stop Work Orders pursuant to this Article. The Code Enforcement Officer shall issue a Stop Work Order to halt: 12 (1) any work that is determined by the Code Enforcement Officer to be contrary to any applicable provision of the Uniform Code or Energy Code, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work,; or (2) any work that is being conducted in a dangerous or unsafe manner in the opinion of the Code Enforcement Officer, without regard to whether such work is or is not work for which a Building Permit is required, and without regard to whether a Building Permit has or has not been issued for such work; or (3) any work for which a Building Permit is required which is being performed without the required Building Permit, or under a Building Permit that has become invalid, has expired, or has been suspended or revoked. Sec. 602 Stop Work Orders shall (1) be in writing, (2) be dated and signed by the Code Enforcement Officer, (3) state the reason or reasons for issuance, and (4) if applicable, state the conditions which must be satisfied before work will be permitted to resume. Sec. 603 The Code Enforcement Officer shall cause the Stop Work Order, or a copy thereof, to be served on the owner of the affected property (and, if the owner is not the Permit Holder, on the Permit Holder) personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Stop Work Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work affected by the Stop Work Order, personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Stop Work Order. Sec. 604 Upon the issuance of a Stop Work Order, the owner of the affected property, the Permit Holder, and any other Person performing, taking part in, or assisting in the work shall immediately cease all work which is the subject of the Stop Work Order. Sec. 605 The issuance of a Stop Work Order shall not be the exclusive remedy available to address any event described in this Article, and the authority to issue a Stop Work Order shall be in addition to, and not in substitution for or limitation of, the right and authority to pursue any other remedy or impose any other penalty under Article 15 (Violations) of this Local Law, or under any other applicable Local Law or State law or regulation, including, but not limited to the New York State Executive Law. Any such other remedy or penalty may be pursued at any time, whether prior to, at the time of, or after the issuance of a Stop Work Order. ARTICLE 7. CERTIFICATES OF OCCUPANCY & COMPLIANCE: Sec. 701 A Certificate of Occupancy and /or Certificate of Compliance shall be required for any work which is the subject of a Building Permit, and for all structures, buildings, or portions thereof, which are converted from one use or occupancy, classification, or sub - classification to another. Permission to use or occupy a building or structure, or any portion thereof, for which a Building Permit was previously issued, shall be granted only by issuance of a Certificate of Occupancy and /or Certificate of Compliance. Sec. 702 The Code Enforcement Officer shall issue a Certificate of Occupancy and /or Certificate of Compliance if the work which was the 13 9' /5 subject of the Building Permit was completed in accordance with all applicable provisions of the Uniform Code and Energy Code and, if applicable, the structure, building or portion thereof that was converted from one use or occupancy classification or sub - classification to another complies with all applicable provisions of the Uniform Code and Energy Code. The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the building, structure or work prior to the issuance of Certificate of Occupancy and /or Certificate of Compliance. In addition, where applicable, the following documents, prepared in accordance with the provisions of the Uniform Code by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for the Certificate of Occupancy and /or Certificate of Compliance shall be provided to the Code Enforcement Officer prior to the issuance of the Certificate of Occupancy and /or Certificate of Compliance: (1) a written statement of structural observations and /or a final report of special inspections; and (2) flood hazard certifications. Sec. 703 A Certificate of Occupancy and /or Certificate of Compliance shall contain the following information: (1) the Building Permit number, if any; (2) the date of issuance of the Building Permit, if any; (3) the name, address and tax map number of the property; (4) if the Certificate of Occupancy and /or Certificate of Compliance is not applicable to an entire structure, a description of that portion of the structure for which Certificate of Occupancy and /or Certificate of Compliance is issued; (5) the use and occupancy classification of the structure; (6) the type of construction of the structure; (7) the assembly occupant load of the structure, if any; (8) if an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) any special conditions imposed in connection with the issuance of the Building Permit; and (10) the signature of the Code Enforcement Officer issuing the Certificate of Occupancy and /or Certificate of Compliance and the date of issuance. Sec. 704 The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke - detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms 14 31& and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed 2 months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code, Sec. 705 If the Code Enforcement Officer determines that a Certificate of Occupancy and /or Certificate of Compliance, or a Temporary Certificate was issued in error because of incorrect, inaccurate or incomplete information, or due to an error in issuance committed by the Code Enforcement Officer or any Inspector, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified by the Code Enforcement Officer, the Code Enforcement Officer shall revoke or suspend such certificate. Sec. 706 The fee specified in or determined in accordance with the provisions set forth in Article 16 (Fees) of this Local Law must be paid at the time of submission of an application for a Certificate of Occupancy and /or Certificate of Compliance, or for a Temporary Certificate. ARTICLE 8. NOTIFICATION REGARDING FIRE OR EXPLOSION: The chief of any fire department providing fire fighting services for a property within the Town, and any person owing any building, structure or property, shall promptly notify the Code Enforcement Officer of any fire or explosion involving any structural damage, fuel burning appliance, chimney or gas vent. ARTICLE 9. UNSAFE BUILDING AND STRUCTURES: Unsafe buildings, structures, and equipment in the Town shall be identified and addressed in accordance with the procedures established by Local Law Number 5 of 2004 (Town of Lansing Unsafe Buildings Law), as now in effect or as hereafter amended from time to time. ARTICLE 10. OPERATING PERMITS: Sec. 1001 Operating Permits shall be required for conducting the activities or using the categories of buildings listed below: (1) manufacturing, storing or handling hazardous materials in quantities exceeding those listed in Tables 2703.1.1(1), 2703.1.1(2), 2703.1.1(3) or 2703.1.1(4) in the publication entitled "Fire Code of New York State" and incorporated by reference in 19 NYCRR § 1225.1; (2) hazardous processes and activities, including but not limited to, commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling; (3) use of pyrotechnic devices in assembly occupancies; (4) buildings containing one or more areas of public assembly with an occupant load of 100 persons or more; and (5) buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by Resolution adopted by the Town Board. Any person who proposes to undertake any activity or to operate any type of building listed in this Sec. 1001 shall be required to obtain an Operating Permit prior to commencing such activity or operation. 15 3 I 7 Sec. 1002 An application for an Operating Permit shall be in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. Such application shall include such information as the Code Enforcement Officer deems sufficient to permit a determination by the Code Enforcement Officer that quantities, materials, and activities conform to the requirements of the Uniform Code. If the Code Enforcement Officer determines that tests or reports are necessary to verify conformance, such tests or reports shall be performed or provided by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant. Sec. 1003 The Code Enforcement Officer or an Inspector authorized by the Code Enforcement Officer shall inspect the subject premises prior to the issuance of an Operating Permit. Sec. 1004 In any circumstance in which more than one activity listed in Sec. 1001 is to be conducted at a location, the Code Enforcement Officer may require a separate Operating Permit for each such activity, or the Code Enforcement Officer may, in his or her discretion, issue a single Operating Permit to apply to all such activities. Sec. 1005 Operating permits shall be issued for such period of time, not to exceed one year in the case of any Operating Permit issued for an area of public assembly, and not to exceed three years in any other case, as shall be determined by the Code Enforcement Officer to be consistent with local conditions. The effective period of each Operating Permit shall be specified in the Operating Permit. An Operating Permit may be reissued or renewed upon application to the Code Enforcement Officer, payment of the applicable fee, and approval of such application by the Code Enforcement Officer, Sec. 1006 If the Code Enforcement Officer determines that any activity or building for which an Operating Permit was issued does not comply with any applicable provision of the Uniform Code, such Operating Permit shall be revoked or suspended. Sec. 1007 The fee specified in or determined in accordance with the provisions set forth in Article 16 (Fees) of this Local Law must be paid at the time submission of an application for an Operating Permit, for an amended Operating Permit, or for reissue or renewal of an Operating Permit. ARTICLE 11. FIRE SAFETY AND PROPERTY MAINTENANCE INSPECTIONS Sec. 1101 Fire safety and property maintenance inspections of buildings and structures shall be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories shall be performed at least once every 12 months. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in paragraphs (1) or (2) of this Section, and all non - residential buildings, structures, uses and occupancies not 16 319 included in paragraphs (1) or (2) of this Subdivision, shall be performed at least once every 36 months. Sec. 1102 In addition to the inspections required by Sec. 1101, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the Code Enforcement Officer or an Inspector designated by the Code Enforcement Officer at any time upon: (1) the request of the owner of the property to be inspected or an authorized agent of such owner; or (2) receipt by the Code Enforcement Officer of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) receipt by the Code Enforcement Officer of any other information, reasonably believed by the Code Enforcement Officer to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist; provided, however, that nothing in this Section shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required, unless such court order or warrant shall have been obtained. Sec. 1103 Nothing in this Article or in any other provision of this Local Law shall supersede, limit or impair the powers, duties and responsibilities of the New York State Office of Fire Prevention and Control ( "OFPC ") and /or the New York State Fire Administrator ( "NYSFA ") under Executive Law § 156 -e and Education Law § 807 -b. If any property, building, structure, dwelling, has been or is inspected by OFPC or the NYSFA, the Code Enforcement Officer may, but is not required to, decline to perform fire safety and property maintenance inspections Sec. 1104 The fee specified in or determined in accordance with the provisions set forth in Article 16 (Fees) of this Local Law must be paid prior to or at the time each inspection performed pursuant to this Article. This Subdivision shall not apply to inspections performed by OFPC or the NYSFA. ARTICLE 12. COMPLAINTS. The Code Enforcement Officer shall review and investigate complaints which allege or assert the existence of conditions or activities that fail to comply with the Uniform Code, the Energy Code, this Local Law, or any other Local Law, Ordinance, or regulation adopted for administration and enforcement of the Uniform Code or the Energy Code. The process for responding to a complaint shall include such of the following steps as the Code Enforcement Officer may deem to be appropriate: (a) performing an inspection of the conditions and /or activities alleged to be in violation, and documenting the results of such inspection; (b) if a violation is found to exist, providing the owner of the affected property and any other Person who may be responsible for the violation with notice of the violation and opportunity to abate, correct or cure the violation, or otherwise proceeding in the manner described in Article 15 (Violations) of this Local Law; (c) if appropriate, issue a Stop Work Order; 17 �!9 (d) if a violation which was found to exist is abated or corrected, performing an inspection to ensure that the violation has been abated or corrected, preparing a final written report reflecting such abatement or correction, and filing such report with the complaint. The Code Enforcement Officer may take such other or further steps as may be authorized by any law, rule or regulation of the United States, the State of New York, the County of Tompkins, and /or the Town, or as may be authorized by and /or consistent with the Uniform Code and the Energy Code. The specifications of steps (a) through (d) in this Section shall not be deemed or construed to limit the authority of the Code Enforcement Officer to take any other steps as may be proper, desirable, or necessary to investigate any complaint. ARTICLE 13. RECORD KEEPING: Sec. 1301 The Code Enforcement Officer shall keep permanent official records of all transactions and activities conducted by all Code Enforcement Personnel, including records of: (1) all applications received, reviewed, approved or denied; (2) all plans, specifications, and construction documents approved; (3) all Building Permits, Certificates of Occupancy and /or Certificates of Compliance, Temporary Certificates, Stop Work Orders, and Operating Permits issued; (4) all inspections and tests performed; (5) all statements and reports issued; (6) all complaints received; (7) all investigations conducted; (8) all other features and activities specified in or contemplated by Articles 4 through 12, inclusive, of this Local Law; and (9) all fees charged and collected. Sec. 1302 All such records shall be public records open for public inspection during normal business hours. All plans and records pertaining to buildings or structures, or appurtenances thereto, shall be retained for at least the minimum time period so required by State law and regulation. ARTICLE 14, PROGRAM REVIEW AND REPORTING. Sec. 1401 The Code Enforcement Officer shall annually submit to the Town Board a written report and summary of all business conducted by the Code Enforcement Officer and the Inspectors, including a report and summary of all transactions and activities described in Article 13 (Record Keeping) of this Local Law, and a report and summary of all appeals or litigation pending or concluded. Sec. 1402 The Code Enforcement Officer shall annually submit to the Secretary of State, on behalf of the Town, on a form prescribed by the Secretary of State, a report of the activities of the Town relative to administration and enforcement of the Uniform Code. Sec. 1403 The Code Enforcement Officer shall, upon request of the New York State Department of State, provide to the New York State Department of State, from the records and related materials of the Town, im 3tQO 1 � � excerpts, summaries, tabulations, statistics and other information and accounts of the activities of the Town in connection with administration and enforcement of the Uniform Code, Article 15, VIOLATIONS. Sec. 1510 The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this Local Law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this Local Law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this Local Law which is /are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by registered mail. The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by registered mail; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order. Sec. 1502 The Code Enforcement Officer and each Inspector are authorized to issue appearance tickets for any violation of the Uniform Code, the Energy Code, or this Local Law. Sec. 1503 In addition to those penalties proscribed by State law, any Person who violates any provision of the Uniform Code, the Energy Code or this Local Law, or any term or condition of any Building Permit, Certificate of Occupancy and /or Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Local Law, shall be liable to a civil penalty of not more than $200 for each day or part thereof during which such violation continues. The civil penalties provided by this Subdivision shall be recoverable in an action instituted in the name of the Town. The Town Court of the Town of Lansing shall have jurisdiction to hear and decide any such claim, and to impose any such civil penalty. Sec. 1504 An action or proceeding may be instituted in the name of the Town in any court of competent jurisdiction, to prevent, restrain, enjoin, correct, enforce, and /or abate any violation of, or non - conformance with, any provision or requirement of the Uniform Code, the Energy Code, this Local Law, or any term or condition of any Building Permit, Certificate of Occupancy and /or Certificate of Compliance, Temporary Certificate, Stop Work Order, Operating Permit, Compliance Order, or other notice or order issued by the Code Enforcement Officer pursuant to any provision of this Local Law. In particular, but not by way of limitation, where the construction or use of a building or structure is in violation of any provision of the Uniform Code, the Energy Code, this Local Law, or any Stop Work Order, Compliance Order or other order obtained under the Uniform Code, the Energy Code or this Local Law, an action or proceeding may be 19 commenced in the name of the Town in the Supreme Court of the State of New York, or in any other court having the requisite jurisdiction, to obtain an order directing the removal of the building or structure, or compelling an abatement of the condition in violation of such provisions. No action or proceeding described in this Subdivision shall be commenced without the appropriate authorization from the Town Board, Sec. 1505 No remedy or penalty specified in this Article shall be the exclusive remedy or remedy available to address any violation described in this Article, and each remedy or penalty specified in this Article shall be in addition to, and not in substitution for or limitation of, the other remedies or penalties specified in this Article, in Article 6 (Stop Work Orders) of Local Law, in any other Article of this Local Law, or in any other applicable law, rule, order, or regulation. Any remedy or penalty specified in this Article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this Article, in Article 6 (Stop Work Orders) of this Local Law, in any other Article of this Local Law, or in any other applicable law, rule, order, or regulation. In particular, but not by way of limitation, each remedy and penalty specified in this Article shall be in addition to, and not in substitution for or limitation of, the penalties specified in Subdivision (2) of § 381 of the Executive Law, and any remedy or penalty specified in this Article may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any penalty specified in Subdivision (2) of § 381 of the Executive Law, ARTICLE 16. FEES: Any fee schedule established by any prior Resolution of the Town Board shall apply to this Local Law, and the Town Board may, from time -to -time, change the fee schedule by Resolution. The fees set forth in, or determined in accordance with such fee schedule(s) or amended fee schedule(s), shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of Occupancy and /or Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this Local Law, ARTICLE 17, PARTIAL INVALIDITY: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof, directly involved in the controversy in which such judgment shall have been rendered. ARTICLE 18, LIMITATION OF LIABILITY AND INDEMNITY: The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions, or failures to act, under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. This provision shall be construed and applied to the maximum extent permitted by law, and does not create any theory or claim of liability where none exists at law or in equity. ARTICLE 19: EFFECTIVE DATE: This Local Law shall take effect immediately upon York State Secretary of State in accordance with Rule Law." PEN EARI KE filing in the office of the New § 27 of the Municipal Home RESOLUTION NO. 06 — 278 UBDIVISION: 3 0�/ 39a RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for the SEAR for the Lake Forest Subdivision is hereby opened at 6:38 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor CLOSE PUBLIC HEARING: RESOLUTION NO. 06 — 279 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:39 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor APPROVE SEAR OR LAKE FOREST SUBDIVISION: RESOLUTION 06 -280 Resolution Declaring Negative Declaration for CWD Boundary Change and Expanding CWD to Incorporate Lake Forest Subdivision At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, Floyd Davis, Developer of the Lake Forest Subdivision (the "Developer "), has petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD ") to said Subdivision, which extension will be accomplished by amending the boundaries of the CWD to include the said subdivision; and WHEREAS, the Town had previously authorized the Town Engineer to prepare a map, plan and report ( "MPR ") for the same by Resolution 06 -192 (September 20, 2006), and no request for a referendum was received thereupon, and accordingly, the MPR was found to be acceptable, complete and final by Resolution 06 -254 (November 15, 2006); and WHEREAS, the Town Board met with the Developer to share the information received from the Town Engineer, and the Developer having indicated his approval thereof, and having agreed that the costs of the MPR and all costs of 21 3a3 the district extension and CWD boundary change are to be borne by the Developer pursuant to a signed Developer's Agreement; and WHEREAS, the Town, by Resolution 06 -254 (November 15, 2006) determined that the CWD boundary amendment and expansion was in the public interest, and found that all proceedings to date have been in compliance with law; and WHEREAS, the Town desires to examine the environmental impacts of such proposed district, and by Resolution dated October 18, 2006 (06 -215), the Town resolved and determined that this was an unclassified SEQRA action, that the Town Board of the Town of Lansing proposed to be the Lead Agency for environmental review, subject to consent or any requests of coordinated or independent review by any Involved or Interested Agency, as applicable, that there were no Involved Agencies, and that the Interested Agencies were determined to be the Town of Lansing Planning Board and the NYS Comptroller's Office; and WHEREAS, no Involved or Interested Agency objected to the Town Board being the Lead Agency for SEQRA review, and the period for comments or objections to the Town proceeding having expired with no objections having been made or filed; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:19 o'clock P.M., to consider a SEQRA review of the environmental impacts of the proposed expansion of the CWD, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, the Town Board having conducted a SEQRA review and having completed a LEAF, and the Town Board having reviewed the proposal in light of the Town's zoning and building policies and the Town's existing Comprehensive Plan, and desired changes and amendments thereto; and WHEREAS, the areas of environmental concern identified include, but are not limited to, (1) the impact upon Agriculture Districts, (2) any effects upon Cayuga Lake, its watershed and tributaries, (4) the effects upon neighboring properties during construction, including the sedimentation that could occur, (3) the dust, noise and traffic from construction and the use of heavy machinery, and (5) the impacts, if any, to downstream properties arising from construction; and WHEREAS, the Lead Agency considered such impacts and the mitigation thereof, including, but not limited to (1) the positive effect that well maintained temporary and permanent stormwater facilities will have upon downstream areas and Cayuga Lake, (2) the reclamation and restoration of soils and protection of Cayuga Lake through the stormwater controls, (3) the mitigation of traffic and noise from and by permitting requirements, the limiting of construction hours, and the fact that any construction or use of machinery would be intermittent, of short duration, and regulated by the Town through the said permitting process; and WHEREAS, the Lead Agency determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non- significant; and WHEREAS, upon the evidence given at such public hearing, and after due deliberation upon this matter and a review and analysis of each and all potential environmental impacts, and the Lead Agency having made a negative declaration of environmental impact: accordingly, it is hereby RESOLVED, that the Town Board of the Town of Lansing be and hereby is again declared to be the Lead Agency; and it is further RESOLVED AND DETERMINED, that this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York, and all 22 ,394 Regulations promulgated thereunder, and that the requirements of the New York SEQR Act, and the thereunder, and the Town Board, as Lead Agency, declaration of environmental impact; and it is further project complies with the Regulations promulgated hereby makes a negative RESOLVED that the Town Clerk deliver and /or file a copy of this Resolution with the following persons and agencies: 5. The Town Clerk of the Town of Lansing. 6, The Town Supervisor of the Town of Lansing. 7, All Involved and Interested Agencies. 8. Any person requesting a copy; and further, that this Resolution be posted and published in accord with law, including delivery of a copy of this Resolution to the Environmental Notice Bulletin, 625 Broadway, Room 538, Albany, New York 12233 -1750 in accord with 6 NYCRR 617.12. OPE CH iWAN RESOLUTION NO. 06 — 281 NSION: RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher: RESOLVED, that the Public Hearing for the proposed water district extension for Lake Forest Subdivision is hereby opened at 6:40 p.m. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . CLOSE PUBLIC HEARING: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor RESOLUTION NO. 06 — 282 RESOLUTION, offered by r. Shattuck and seconded by Mr. Christopher: RESOLVED, that all persons desiring to be heard, having been heard, the Public Hearing is hereby closed at 6:41 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor ER DISTRICT EXTENSION: RESOLUTION 06 -283 Resolution Amending CWD Boundary and Expanding CWD to Incorporate Lake Forest Subdivision At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis 23 Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, H. Floyd Davis, Developer of the Lake Forest Subdivision (the "Developer "), has petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD ") to said Subdivision, which extension will be accomplished by amending the boundaries of the CWD to include the said subdivision; and WHEREAS, the Town had previously authorized the Town Engineer to prepare a map, plan and report ( "MPR ") for the same by Resolution 06 -192 (September 20, 2006), and no request for a referendum was received thereupon, and accordingly, the MPR was found to be acceptable, complete and final by Resolution 06 -254 (November 15, 2006); and WHEREAS, the Town Board met with the Developer to share the information received from the Town Engineer, and the Developer having indicated his approval thereof, and having agreed that the costs of the MPR and all costs of the district extension and CWD boundary change are to be borne by the Developer pursuant to a signed Developer's Agreement; and WHEREAS, the Town, by Resolution 06 -254 (November 15, 2006) determined that the CWD boundary amendment and expansion was in the public interest, and found that all proceedings to date have been in compliance with law; and WHEREAS, the Town Board also duly determined and described the boundaries of the proposed district, declared the construction and improvements to consist of 8" water mains and service lines, valves and necessary appurtenances to serve up to 8 lots in said subdivision, all at an estimated cost of $70,000.00 for construction and materials and $7,500.00 for administrative overhead and expenses, the full cost of which will be borne by the Developer pursuant to said Developer's Agreement, determined that no amount of money is proposed to be expended for district improvements, determined that the one time hook -up and connection fees are estimated at $4,482.00, being comprised of Bolton Point connection fees of $250.00, the cost of a %11 meter at $62.00, an inspection fee of $170.00, and 1" service lines averaging 200' at a cost of $4,000.00, and determined that the district will be financed through benefited property assessments, and that the maximum first year operation and maintenance costs to the typical property are estimated to be $256.40, being comprised of the CWD annual O &M fee of $150.00 and estimated first year water consumption fees of $106.40, and ordered a copy of the MPR to be placed on file for public review and inspection at the Town of Lansing Clerk's Office; and WHEREAS, a Public Hearing was duly held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 20th day of December, 2006, at 6:20 o'clock P.M., to consider the creation of the CWD Extension by Boundary Change, and to hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and WHEREAS, a Public Road, Lansing, New December, 2006, at environmental impac persons interested in required or permitted Hearing was duly held at the Lansing Town Hall, 29 Auburn York, being in the Town of Lansing, on the 20th day of 6:19 o'clock P.M., to consider a SEQRA review of the rs of the proposed expansion of the CWD, and to hear all the subject thereof, and to take such action thereon as is by law; and 24 � 015 WHEREAS, the Town Board, as Lead Agency, determined that the mitigation of potential impacts make such potential effects and disturbances temporary in nature and non - significant, and thus duly issued a negative declaration of environmental impact; and WHEREAS, upon due deliberation upon the foregoing, the Town Board of the Town of Lansing has hereby RESOLVED AND DETERMINED, that the final Map, Plan and Report comply with the requirements of the Town Law, and are hereby again approved and adopted as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein, and for the boundaries and first year's expenses for the proposed district expansion and boundary line change; and it is further RESOLVED AND DETERMINED, that the notice of public hearing was published and posted as required by law, and was otherwise sufficient; and it is further RESOLVED AND DETERMINED, that the proposed CWD boundary lines will be changed and amended to incorporate all of the Lake Forest Subdivision, and each and all lots therein, pursuant to the description thereof as set forth by, in and upon the sealed and filed Subdivision Map and the MPR; and it is further RESOLVED AND DETERMINED, that it is in the public interest and to the benefit of all parcels in the proposed subdivision to establish the amended CWD boundary lines; and it is further RESOLVED AND DETERMINED, that all benefited parcels are included within such district; and it is further RESOLVED AND DETERMINED, that the CWD be empowered to acquire any further necessary easements or lands to allow for the maintenance and improvement of the said district, if and whenever necessary, subject to the required funds being made available or provided for by the owner of the property or in accord with applicable laws pertaining to public financing or district improvements or expansions; and it is further RESOLVED AND DETERMINED, that as the proposed improvement, including costs of rights -of -way and construction, and including administrative, engineering and legal costs, have and will be paid by the developer pursuant to a Developer's Agreement, and as no public financing or funding is required, the review and approval of the State Comptroller is not required or necessary pursuant to Town Law §209- q(13); nor is the approval of the New York State Departments of State or Audit and Control required; and it is further RESOLVED AND DETERMINED, that the costs of operation and maintenance of the district shall be apportioned equally among all benefited parcels; which costs of operation and maintenance shall be raised by special assessment upon the benefited properties; and it is further RESOLVED AND DETERMINED, that this Resolution and the establishment of the new Boundary line and expansion of the CWD be and hereby are subject to a permissive referendum pursuant to Town Law § 209- q(11); and it is further RESOLVED AND DETERMINED, that the Town Clerk of the Town of Lansing is hereby authorized and directed, pursuant to Town Law Section 209- q(6)(d), to file a certified copy of this Resolution and Order with the Tompkins County Clerk within 10 days hereof, and to file copies hereof with the NYS Comptroller and publish the same as required by law. Privilege of the floor: 25 Scott Pinney: 3 �7 Mr. Pinney read the following letter to the Board and asked for them to get involved. The Board agreed to meet with Mr. Pinney in January of 2007. December 20, 2006 A. Scott Pinney 6 Otti Drive Lansing, New York 14882 Town of Lansing P.O. Box 186 Lansing, New York 14882 Re: Zoning disputes Dear Members of the Board, I am here because I've had some issues with the Zoning office that have lead to two lawsuits and have been of significant cost to the taxpayers of Lansing as well as myself. I was informed prior to the last lawsuit that the Town Board would not get involved with the Zoning Board discussion on lawsuits. I think however, that after you hear the circumstances of the first two lawsuits, the Town will have a moral obligation to get involved. I would like to briefly explain the two lawsuits that I have been involved in with the Zoning Office. The first lawsuit involved construction materials out in front of the old Egan's building. The Zoning Office wrote me a letter threatening that I had thirty days to clean up all of the construction materials or else I would be fined. I wrote them a letter and went in and explained to them that I had a one -year building permit that would still be valid and I only needed three months to finish my renovations and clean up all of the debris. At this time, a zoning officer spoke to me and said that a neighbor was complaining and that I needed to clean this up as soon as possible. I decided to go and see the neighbor and to ensure that my time schedule would be satisfactory to her needs. Surprisingly, she informed me that Lynn Day had stopped by and actually requested that she write a letter complaining about the construction materials. It turned out that she had no problem with the construction materials; much to the contrary she was happy to see the improvements taking place to the Egan's building. Unfortunately, two weeks later, Lynn Day filed a law suit on behalf of the Town of Lansing against me. I was forced to spend a large amount of money to retain a lawyer which I am sure the Town has had to do as well. Approximately three months later, as promised, I had everything cleaned up at the site. At this point I received a letter from Lynn Day dropping the lawsuit. I asked Lynn Day why he would drop the lawsuit after the taxpayers and I had to pay for lawyers? His response was "I wanted to make sure I got your attention." That seems like an awfully expensive way to get my attention, and an abuse of his position, as I am sure it did not cost him anything! The second lawsuit involves the use of the old Egan's building for storage. It is on public record that in the spring of 2002 1 went to the planning Board and informed them that I was going to use the Egan's building for storage. Which I did so until March of 2006 when I rented the building to John Lowery for the storage of sheetrock. I wrote Dick Platt a letter in February 2005, a copy of which is attached, explaining to him that I was using the building for storage, and that I was going to put a new roof on the building and possibly rent it out. At no time did Dick Platt respond to this letter asking if there were any legal issues related to storing the materials. When I rented the building for the storage of sheetrock the Zoning Office filed a lawsuit on behalf of the Town of Lansing. Lynn Day and Dick Platt signed affidavits saying that they inspected the building several times and never saw anything stored there. Contrary to their statements contained in these affidavits, in the summer of 2005 F -2 Fabrication was working in the building unloading tractor - trailer loads of steel railings, which were to be stored there for approximately three months, when Dick Platt and Lynn Day came into the building and observed these materials. W7 3A� The second issue in the lawsuit was whether it was actually legal to use the building for storage in 2002. At the Zoning Board of Appeals meeting in October of 2006, Dick Platt stated, "he followed the law the way it was written. However, there was a misprint, and he took advantage of that." 1 find it absurd that I should be required to spend ten's of thousands of dollars to defend myself simply because Dick Platt thought there was a misprint. The public is only put on notice of the law as it is written, and the taxpayers were forced to pay thousands of dollars on these frivolous accusations. We are now on the verge of a third lawsuit regarding the use of my property on North Triphammer Road. Therefore, I request that the Town Board, as elected representatives, get involved in the future lawsuits and the actions of their appointed officers. Sincerely, Scott Pinney A. Enclosure A. Scott Pinney 6 Ottie Drive Lansing, NY 14882 02/09/05 Dear Mr, Platt; As you know I received approval from the planning board a couple of years ago to use the Egan's building on East Shore Drive as a storage facility. Since that time, I have used it to store personal items and things for Alex Cole Excavating. At this time I would like to fix the building up by installing a new roof, windows, doors and interior lighting. I would like to use it as a storage facility however, I would try to rent it to one or two commercial or industrial businesses for storage. need to know if there are any special permits or zoning issues I need to address before starting this project. Sincerely, A. Scott Pinney Engineer's Report Mr. Herrick presented the following to the Board: ENGINEER'S AGENDA 1. Water System Planning and Maintenance a. Town CWD, Lake Forest Extension ® Public Hearing for SEAR and District Extension. b. Beach Road Petition ® The petition suggests having water and sewer installed at the same time. This may not be practicable. With Board authorization, TGM will prepare a typical feasibility analysis for a fee not to exceed $1,250. • The Board felt Mr. Herrick should look at only water at this time. c. Bean Hill Pressure • Customer at #3 Bean Hill Lane continues to notify Bolton Point of pressure fluctuations. Jack Rueckheim would like to recommend that the NN owner install a booster pump and/or a pressure tank to mitigate the condition. Jack is asking the Town to consider absorbing the $102 permit cost. This is a reasonable request and may want to be applicable to any customer in the Town system that has { 35 psi at their meter. • Mr. Krogh stated that the Town cannot legally pay for a customers permit. 2. Stormwater Planning and Maintenance a. Drainage District #2, Whispering Pines V • Public Hearing for SEQR and District Formation. 3. Sanitary Sewer System Planning and Maintenance a. Sewer Committee • Next Committee meeting January 3`d. • Report and Study phase services must be amended for additional services. 4. Transportation Planning a. Salt Storage Building ® TGM has recommended reducing the invoice from C.W. Fink to 95% until all required close -out documents are received and approved. .Merry Christmas and Happy .New Wail Beach Road Water: RESOLUTION 06 -284 Resolution Approving and Authorizing the Preparation of a Map, Plan and Report for Potential CWD Extension to Beach Road At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, residents of Beach Road, in the Town of Lansing, have petitioned for the Town to consider extending the Consolidated Water District ( "CWD ") down Beach Road; and WHEREAS, the Town Board recognizes the long- standing need for reliable water in the Beach road area and deems such extension to be in the public interest; and WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the map, plan and report for such special district or extension, and the Town Board having indicated approval to proceed with the preparation of a map, plan and report for the project; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town Engineer to proceed with the preparation of a map, plan and report for the M establishment of the proposed CWD district, extension, or boundary line change for Beach Road; and it is further RESOLVED that the cost of such map, plan and report are authorized in an amount not to exceed $1,250.00; and it is further RESOLVED that, consistent with Town Law § 191 -a, and related provisions of the Town Law and related laws and regulations of the State of New York, this Resolution and the expenditure of such funds approved hereby be subject to a permissive referendum. Parks and Recreation Monthly Report: Mr. Colt gave the following report and went over it with the Board: Parks & Recreation Department 12/20/06 Town Board Meeting RECREATION • We are currently taking registrations for our winter programming. We are offering SKATING, GYMNASTIC 11, TRAVEL BASKETBALL, YOGA, STEP CARDIO, WRESTLING and KARATE. • We are also offering our winter session of ADULT SR FITNESS SWIM. • 1 recently met with a group of people regarding a new area of offerings for the Recreation Department. We are in the planning stages now for a "Life Long Learning Program" that will have programs such as Technology, Health and Safety, Real- Estate and Home Ownership Issues, Personal Enrichment and Parenting and Family Issues. PLEASE SEE ATTACHED SHEET. This sheet is going to be listed in the school district news bulletin. • We are actually looking for feedback about the proposed Life Long Learning Program. I want to see what the community interests are and also see if we have people interested in teaching a program... • We have over 160 skiers registered and hope we get some snow before our January 8t" starting date! PARKS • The repair /renovation job on our Myers maintenance building has been completed and was very well done. The roof is a perfect match with all other building located in the park. • Shoreline Development has actually started the restoration of the west wall in the small marina area. The project will take some time and Darren wanted to start now hoping to take advantage of our "warm winter ". I will keep you posted. • 1 have met with Time Warner regarding a possible internet hook up for the entrance building at the Myers. IF we can gain access our "reservation process" would be improved and would allow us many more possibilities including security, and admission improvements. If this works, a second phase would be to bring cable hook ups to each of the 19 camp sites in the future. Life Long Learning: date: Mr. Colt went over the following possible programs to be offered at a later Lansing Recreation 29 Life Long Learning and YOU! The Lansing Recreation Department is considering an expansion of programming that will appeal to the adults in our community. Many residents have expressed an interest in participating locally in classes and activities such as; • Technology - I -Pods, digital cameras, computers, cell phones etc. • Health and Safety Issues - Preventative and age- appropriate health care, CPR, etc. • Real- Estate and Home Ownership Issues — Buying, selling, maintaining your home, etc. • Personal Enrichment — Travel, new languages, cooking, gardening, etc. • Parenting and Family Issues — Relationships, balancing roles, nutrition, discipline, etc. Your Input is Needed! Our goal is to involve you in offering these diverse programs to the Lansing Community. If you would be interested in any of these adult education classes, would like to have others offered, or are interested in teaching a class please contact us as follows: Call the Recreation Office 533 -7388 Or Email us at Steve- IansingrecO twcny.rr.com -------------------------------------------------------------------------------------- - - - - -- Starting soon: Cardio Step Class — Takes place at the Lansing Community Center on Mondays & Thursdays from 5:30 -6:30 PM and has an emphasis on cardiovascular fitness through interval step training. Weight training, abdominal workouts and flexibility cool downs are incorporated. You receive 16 classes for $35 and classes start on January 8th. Class size max is 20, first come first served. YOGA for health & relaxation — Takes place in the Lansing Town Hall on Mondays from 5:15 -6:30 PM. "Kripalu Yoga" is a form of hatha postures. Class instruction will be offered at a level appropriate to those in attendance. No previous yoga experience is needed, all ages welcome and is instructed by Andrea Smith one of the top instructors in the region. Class starts January 8th with a total of 8 classes for $75. Cayuga Lake Seido Karate — Has been VERY popular with classes being offered 2 days per week on Monday & Thursdays OR 1 day per week on Mondays or Thursdays. The classes are instructed by Robin McColley and Gail Lajoie in the Elementary School Gymnasium. All of the additional details are listed on the registration form. Classes start the first week in January. Ongoing Programs for adults: The following programs are for adults and take place evenings in the Middle School Gym. Specific times and fees are listed on the appropriate registration forms. These programs are ongoing throughout the school year but will NOT take place when school is NOT in session or if a school function requires the area. Women's Basketball — Thursday 7:30 PM Men's Basketball — Monday 7:30 PM Coed Volleyball — Tuesday 7:30 PM Women's Volleyball — Wednesday 7:30 PM Registration forms for all activities are available at the Recreation Office. STAY ACTIVE! W 3/ Highway Superintendent's Report: Salt Storage Building: The Salt Storage building is up and has approximately 4,000 tons of sand and 1,700 tons of salt in it right now. The old building now has mixed sand in it. Mr. French stated that this is a hug improvement. The Highway men are also doing some landscaping around the highway barn area. Crusher run is being hauled for spring time. Hydro- seeder: The hydro- seeder is in and will be tried out in the Spring. Guardrail: Mr. French has had some complaints about the guardrail not being replaced on North Lansing School Road. He informed the Board that one will be put in place tomorrow. Cayuga Emulations Building: The locks will be changed at the Cayuga Emulsions Building tomorrow as no keys were left with the Highway Department when the occupants left. nfo Monthly Report: Mr. Platt went over the monthly report and stated that they were up by 4 permits and also up in project costs by $ 507,069.00 Letter from Rick Jones: The following letter was given to the Board Members: October 27, 2006 Lansing Town Board P.O. Box 186 Lansing, NY 14882 RE: 195 East Shore Drive/ Tau Map # 37.1 -8 -1 Dear Board Members, It has been brought to my attention about the visual impact of this property. It has always been my intention to demolish this structure and rebuild for future commercial growth, keeping in mind the Town's development plans. I presently cannot develop this site until the sewage proposal is passed and implemented, for what I am considering for that site. I understand the guidelines for building. That a site approval plan has to be done prior to new construction. I am asking that the Town Board put into writing that if I bring down this building located at 1953 East Shore Drive, Lansing, NY that I can commercially rebuild and in the same location as the present building. This is not to say that it will be there definitely, but if it has to be built in the same location that I will not have a problem with the Town. That is why the building has remained standing. 31 33,3 The reason I am asking for this is because the new development could be 3 -5 years away, depending on the outcome of the sewage proposal. For some reason if sewage doesn't pass then I would have to reconsider other options for that site. In the meantime I would consider taking the building down if the Town Board will put into writing my requests. Hopefully we will all benefit from this. Any questions, please feel free to contact myself or Valerie in the office. Thank you for your consideration on this matter. Cordially, Richard C Jones, Jr. After some discussion, it was decided that Mr. Platt and Mr. Krogh will get together to draw up something. Linda Westlake's request: Ms. Westlake is having a problem with idling engines from the Norfolk Southern trains that park on the rail road tracks near her home. There is significant air, noise and vibration pollution which penetrates into nearby homes even with the windows closed. Mr. Platt suggested she contact the Cortland DEC office. It was stated that Norfolk Southern is very hard to deal with and that other options should be explored such as contacting the Cortland DEC office. Approve Audit: Resolution 06 — 285 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the bookkeeper is hereby authorized and directed to pay the following bills and to make the following budget modifications: Audited Vouchers: 1256-1392 Pre Pay Vouchers: 1256 - 1264 TAL RIATION; General Fund 170,486.45 Highway Fund 64,595.56 Lansing Lighting 21441.46 Lansing Water Districts 941255.98 Cherry Road Sewer 21150.21 Trust and Agency 52,817.11 Budget Modifications: FROM A7320.410 A7310.100 A7180.100 A8745.400 A1440.402 A1440.403 A1440.407 A1990.400 A1440.402 A1440.402 A1610.200 Al 990.400 A1620.403 TO A7320.410 A7110.400 A7110.400 A5010.200 A1440.400 A1440.400 A1440.400 A1440.400 A1440.401 A1440.406 A1610.400 A1610.400 A1620.200 From From From From From From From From From From From From From FOR Youth Services Cont to Youth Services Personnel Youth Programs Pers Svcs to Parks Cont Beach & Pool Pers Svcs to Parks Cont Flood & Erosion -Cont to Hwy Supt Equipment Engineer - P &M to Eng Contractual Engineer - Int Sewer to Eng Contractual Engineer - Surveying to Eng Contractual Contingency to Eng Contractual Engineer - P &M to Eng Sewer P &M Engineer - P &M to Eng Water Exts Tech Equipment to Tech Contractual Contingency to Tech Contractual Buildings Electric to Buildings Equipment AMOUNT 1,150.13 5,093.57 1,660.43 4,848.00 11854.07 2,250.00 2,500.00 6,447.74 412.29 683.91 392.78 10, 395.92 998.00 32 334 A3120.402 A3120.401 From Police - PWC Constable to Police Court Constable Al 990.400 A7510.400 From Contingency to Historian Contractual FROM TO FOR SW8310.401 SW8310.400 From Water Adm Engineer to Water Adm Contractual Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor nutes of November 8th A copy of the minutes of November 8th and 15th, 2006, having been furnished to the Board Members beforehand, the Supervisor asked for a motion to make corrections or to accept the same as submitted. Resolution 06 — 286 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the minutes of November 8th and 15th, 2006 are hereby approved as submitted. Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . Vote of Town Board . BOARD MEMBER REPORTS Matt Besemer: Open House: (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor 1,285.00 2,290.87 AMOUNT 525.05 Mr. Besemer attended the open house of the new emergency room at the Cayuga Medical Hospital. He felt it was a big improvement over the old. Marty Christopher: Library Management Meeting: A meeting was held on December 14th. It was stated that the library would hopefully be completed by December 25, 2006. Louis Gossett Center: Mr. Christopher and Mr. Farkas attended a Citizen's Advisory Board meeting at the Gossett Center. Mr. Christopher stated that the coverage from the Ithaca Journal was discussed. He also stated that the report from the Inspector General's Office was very favorable for the Gossett Center and how it is being managed. Connie Wilcox: Lansing Housing Authority: 33 &3�5 Plans are being worked on for a memorial garden in remembrance of Bob Baker. Bids will be accepted to make the kitchen at Wood sedge become in compliance with ADA regulations. Fire District: Everything is going well and Kimberly Spencer is the new Fire Commissioner, Bud Shattuck: Log Cabin: The Town is still trying to obtain the log cabin that is located behind the Cayuga County Historical Society. This is the oldest log cabin in Cayuga and Tompkins County. The Town Board looked at it a while back and they are still interested in moving it back to it's original location in the Town of Lansing, or very close to it. An e-mail was received from the museum stating that they want it removed by the first of the year or they will remove it themselves. Mr. Shattuck will get a hold of them and ask for an extension until April 15, 2007. He will let the Board know what he finds out. Dock Ordinance: Mr. Shattuck asked Darby to report. She stated that she and Sharon Anderson from the Watershed Network are working on regulations regarding docks in Cayuga Lake. She will keep the Board updated on this process. Steve Farkas: Attendance at meetings: Mr. Farkas stated that he was glad to see some attendance at the meeting and encouraged people to keep attending. Guy Krogh: Quick Claim Deed: RESOLUTION 06 -287 Resolution Approving and Authorizing the Execution of a Quit Claim Deed relative to Lots on Dutch Mill Road At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Connie Wilcox, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, the Town Board of the Town of Lansing having previously determined, by Resolution dated November 17, 1999, that the Town had no need for future reserved roadway rights -of -way and future dedications along Dutch Mill Road, and specifically in and over Lots 11, 13, and 14 thereof; and 34 (33(o P WHEREAS, the current property owners have requested that such abandonment be formalized by the filing of Quit Claim Deeds; and WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing has hereby RESOLVED, that the Supervisor and /or Deputy Supervisor, subject to the approval of the Town Attorney as to form and content, be and hereby are authorized to sign such Deeds and related documents as are or may be necessary or desirable to abandon such reserved future roadways by, for, and in the name of the Town of Lansing. Resolution 06 - 288 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Regular meeting be adjourned to go into Executive Session to discuss a matter of possible litigation at 7:37 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Resolution 06 — 289 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox: RESOLVED, that the Executive Session be terminated and the Regular Meeting be reconvened at 7:45 p.m. Vote of Town Board ... (Aye) Matt Besemer, Councilperson Vote of Town Board ... (Aye) Marty Christopher, Councilperson Vote of Town Board ... (Aye) Bud Shattuck, Councilperson Vote of Town Board ... (Aye) Connie Wilcox, Councilperson Vote of Town Board ... (Aye) Stephen Farkas, Supervisor Algerine Road Water: RESOLUTION 06 -290 Resolution Adopting Order and Establishing Further Public Hearing Regarding Formation of CWD Extension #1 At a Regular Meeting of the Town Board of the Town of Lansing held in and for the Town of Lansing at the Lansing Town Hall on 20th day of December, 2006, the following members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson; Connie Wilcox, Councilperson; Martin Christopher, Councilperson; and Matthew Besemer, Councilperson; and the following members being absent: none; and the following motion for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck — aye; Connie Wilcox — aye; Martin Christopher — aye; Matthew Besemer - aye; and the following Resolution therefore passed 5 -0, and was duly adopted: WHEREAS, residents in the above -noted area have petitioned for an extension of the Town of Lansing Consolidated Water District (the "CWD "), and the Lansing Town Board having received input and a petition signed by over 80% of the proposed affected property owners for the establishment of a proposed CWD 35 937 Extension ( "CWD Extension 1") covering a portion of Lansing Station Road and Algerine Road in the Town of Lansing, and it appearing that the request is in compliance with required Town procedures; and WHEREAS, the Town had previously authorized the Town Engineer to prepare preliminary cost estimates for the same, and the Town Engineer having expressed no special concern other than EDU costs thereof; and WHEREAS, the Town Board met with the affected residents to share the information received from the Town Engineer, and the residents having indicated approval to proceed with the preparation of a map, plan and report for the project, and WHEREAS, the expansion of the CWD into the affected areas was deemed to be in the public interest by Resolution Number 05 -111 of May 18, 2005, and by said same Resolution, the Town authorized the Town Engineer to proceed with the preparation of a map, plan and report ( "MPR ") for the construction of a water district extension along Algerine and Lansing Station Roads (as shown in the residents' application materials upon a map designated as District 17, Extension 5); and WHEREAS, said MPR has been reviewed, amended, and deemed preliminarily feasible; and WHEREAS, no request for a permissive referendum was received relative to the MPR as permitted by Town Law Articles 7 and 12 -A, as applicable, and together with any other general or other New York State law, regulation, or requirement permitting or requiring a referendum upon this matter; and WHEREAS, an initial public hearing was duly held after notice thereof on October 19, 2005 at the Lansing Town Hall at 6:06 pm to consider the Draft MPR and to hear all persons interested therein and in the formation of said District Extension, and further public hearings were held on November 16, 2005 and December 21, 2005; and WHEREAS, the Town desires to proceed towards re- establishment of the CWD extension pursuant to the provisions of Town Law Article 12 -A; and finds that all proceedings to date have been in compliance therewith; and WHEREAS, the New York State Comptroller has requested that the Town adopt and publish this Resolution and Order as the numbers for the proposed district have changed, and the public should be formally advised of a reduction in costs for the district; and WHEREAS, upon due consideration of all facts and circumstances surrounding the foregoing, the Town Board of the Town of Lansing has therefore RESOLVED AND DETERMINED, that the final amended Map, Plan and Report comply with the requirements of law and are hereby again approved and adopted as if the same were fully set forth herein, particularly as to the descriptions and expenses set forth therein for the boundaries and first year's expenses for the proposed district; and it is further RESOLVED, that a Public Hearing be and hereby is established for re- consideration of the final MPR and approval of CWD Extension 1 for 6:04 p.m. upon January 17, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Board hereby adopts an Order pursuant to Town Law §209 -d as follows: 36 30 8 (1) The boundaries of the proposed district are inclusive of the following tax parcel numbers, and the assessment map and property descriptions therefor, as are on file with the Tompkins County Clerk's Office, are expressly incorporated herein: 12. -1 -20.2; 12. -1- 20.31; 12.- 1- 20.32; 12. -1- 20.33; 12. -1 -22; 12. -1 -23.1; 12. -1- 23.21; 12. -1- 23.22; 12. -1- 23.23; 11-1 -1; 11-1 -10.1; 11-1 -10.2; 11-1 -11; 11-1 -2; 13. -1- 3.1;13.-1-3.2; 11- 1 -4.2; 11- 1 -5.1; 11- 1 -5.2; 11-1- 5.321; 11-1- 5.322; 11-1- 5.323; 13.1 -5.33; 13.1 -5.34; 11- 1 -5.4; 11- 1 -6.2; 11-1 -7; 13. -1- 8; 11- 1 -9.2; 11- 1 -9.3; 11- 2 -1.1; 13. -2 -17; 13. -2 -1.42; 11- 2 -1.5; 13. -2- 1.6; 11-2 -11; 11-2 -12; 11-2 -13; 13 -2 -15; 11-2 -16; 11-2 -2; 11-2 -20; 11-2 -21; 13. -2 -22; 13. -2 -23; 13. -2 -24; 11-2 -25; 13. -2 -26.1; 13. -2 -26.2; 11-2.27; 11-2 -28.1; 131-2 -29; 11-2 -3; 13. -2- 30.11; 13. -2- 30.12; 13. -2- 35; 13. -2 -4; ; 13. -2 -43; 11-2 -5; 13. -2 -6; 11-2 -7; 13. -2 -8; 11-2 -9; 15. -1- 1.11; 15.- 1 -1.2; 15. -1 -12.2; 15 -1 -12.3; 15. -1 -2; 15. -1- 33.11; 15. -1- 33.12; 15. -1- 33.13; 15. -1- 33.14; 15. -1- 33.15; 15. -1- 33.21; 15. -1- 33.22; 151-1- 33.23; 15. -1- 33.24; 15.- 1 -5.2; 15.- 1 -7.1; 15. -1- 7.221; 15. -1- 7.222; 15.- 1 -8.1; 15. -1 -8.21; and 15. -1 -8.22; all as shown on the Map on file at the Town Clerk's Office, to which reference is hereby made and which map is expressly herein incorporated; (2) The proposed improvements consist of the following estimated quantities of materials: 11,530 linear feet of 8" ductile iron pipe; 20 fire hydrant assemblies; 12 8" gate valves; 48 3/4" service connections; 4 1" service connections; 2 2" service connections; 260 linear feet of % copper service tubing; 30 feet of 1" copper tubing; 10 linear feet of 2" copper tubing; 880 feet of % service tubing to be bored under public highways; 40 linear feet of 1" service tubing to be bored under public highways; 40 linear feet of 2" service tubing to be bored under public highways; 1 pressure reducing station; and 675 cubic yards of trench rock excavation; all designed to extend municipal water to all and each parcel referenced above from existing water mains adjacent to the proposed district; (3) The estimated cost of the proposed improvements is $777,200, which is the maximum amount proposed to be expended; (4) The estimated cost of hook -up fees is $2,822.00 (Bolton Point connection fee of $250.00 + W meter at $62.00 + Inspection fee of $170.00 + 1" service line extension from curb box to dwelling at approximately $16 per linear foot with an average estimated distance of 150 feet ~ $2,400.00); (5) The proposed method of financing the improvements is through the issuance of a 20 -year serial bond(s) at an estimated interest rate of 0.0% (due to EFC grant/loan), with an estimated annual EDU capital cost of $417.00, with annual operation and maintenance costs to be reflected in quarterly water consumption bills, the annual average costs thereof based upon typical one family home users in this proposed district to be $132.40, for a total first year's cost of $549.40; (6) The Map, Plan and Report are on file for public review and inspection at the Office of the Town Clerk; (7) A public hearing upon such proposed district will be held at 6:04 p.m. upon January 17, 2007 at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and (8) The Map, Plan and Report describes in detail how the financing, hook- up costs, and other costs and expenses, were estimated and computed; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a copy of this Resolution and Order to be published in the Town's official newspaper not less than 10 nor more 37 than 20 days before such public hearing, and posted on the Town's official signboard not less than 10 nor more than 20 days before such public hearing. Resolution 06 =291 RESOLUTION, offered by Mr. Christopher and seconded by Mr. Besemer: RESOLVED, that the Regular Meeting be adjourned at the call of the Supervisor at 7:50 p.m. Vote of Town Board, Vote of Town Board. Vote of Town Board . Vote of Town Board . Vote of Town Board . (Aye) Matt Besemer, Councilperson (Aye) Marty Christopher, Councilperson (Aye) Bud Shattuck, Councilperson (Aye) Connie Wilcox, Councilperson (Aye) Stephen Farkas, Supervisor Minutes taken and exe uted by the Town Clerk. I a3g